Village of Webster, NY
Monroe County
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[HISTORY: Adopted by the Village Board of the Village of Webster 6-8-1981 by L.L. No. 1-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 97.
Zoning — See Ch. 175.
This chapter shall be known as the "Law Regulating and Restricting Garage Sales."
Such rules and regulations as set up in this chapter are designed to control and restrict garage sales in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only in keeping with the character of the neighborhood where this activity is carried on and with the zoning laws of the Village of Webster, New York. The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales, if carried indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Village of Webster. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage sales.
As used in this chapter, the following terms shall have the meanings indicated:
A. 
The sale or offering for sale of 10 or more new, used or secondhand items of personal property at any one residential premises at any one time.
B. 
Includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale" or "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, family groups, voluntary associations and corporations.
VILLAGE OF WEBSTER
Includes all residential dwellings located within any type of zone, zoned areas or zoning districts, whether or not said areas or zones are residential, business or otherwise, within the geographic boundaries of the Village of Webster.
A. 
It shall be unlawful for any person to conduct more than two garage sales within the geographic boundaries of the Village of Webster within any calendar year.
B. 
It shall be unlawful for a garage sale to last longer than three consecutive days.
All garage sales held pursuant to these provisions shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.
A. 
Garage sales may be advertised through the newspapers or other media.
B. 
A sign no larger in size than four square feet may be installed on the property where the sale is being conducted. The sign shall be displayed only during the sale and shall be removed within 24 hours after the sale is concluded.
[Amended 6-9-1994 by L.L. No. 2-1994]
C. 
No sign or other display advertising the sale shall be placed on the public right-of-way or on private property other than where the sale is conducted. No lighted or illuminated signs shall be used.
This chapter shall not be applicable to:
A. 
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed nine in number. Notwithstanding any provisions of this chapter, any person may sell up to nine secondhand articles without being subject to the provisions of this chapter.
D. 
Any publisher of a newspaper, magazine or other publication or other communications media who publishes or broadcasts anything in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been complied with.
E. 
Any sale conducted by any legitimate business or commercial or industrial establishment properly zoned under the zoning regulations of the Village of Webster and any other sale conducted by a business or commercial or industrial establishment under the protection of the nonconforming use section of the zoning laws, or by any other vendor, dealer, etc., when the sale is conducted in a properly zoned area and not otherwise prohibited by the laws and ordinances of the Village of Webster and State of New York or this chapter.
F. 
Sales by a bona fide charitable, eleemosynary, educational, cultural or government institution, civic group, service club, religious or fraternal society or other tax-exempt organization; provided, however, that the burden of proof of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
A. 
This chapter shall be enforced by the Building Inspector, the Code Enforcement Officer for the Village of Webster.
B. 
It shall be the duty of the Building Inspector to investigate any violation of this chapter coming to the Building Inspector's attention by complaint.
C. 
If after investigation a violation is found to exist, the Building Inspector shall prosecute a complaint before a Town Justice of the Town of Webster, pursuant to the provisions of this chapter.
[Amended 6-9-1994 by L.L. No. 2-1994]
D. 
It shall be the duty of the Webster Police Department to bring to the Building Inspector's attention for further investigation any alleged violations which the Police Department becomes aware of during the course of its normal duties.
E. 
The person conducting the sale and the owner, tenant or occupant of the premises where the sale or activity is conducted shall be jointly or severally responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity.
F. 
No such person shall permit any loud or boisterous conduct on said premises or permit vehicles to impede the passage of the traffic on any roads or streets in the area of the premises where the sale is being conducted.
G. 
All such persons shall obey reasonable orders from any member of the Webster Police Department or the appropriate voluntary fire department in order to maintain the public health, safety and convenience.
[Amended 6-9-1994 by L.L. No. 2-1994]
Any person, firm, association, corporation or other entity conducting any such sale or similar activity who or which shall violate or fail to comply with any provisions adopted pursuant to this chapter or any other rules, terms, regulations or provisions adopted pursuant to this chapter shall be deemed to be in violation, and the violator(s) shall be liable for a fine of not more than $250 or imprisonment for not more than 15 days, or both, and each day that such sale or violation continues without being duly licensed shall be considered and shall constitute a separate violation.
It is not the intention of this chapter to change or amend the zoning laws, hawking and peddling laws and/or any other laws or ordinances of the Village of Webster.